Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kuwait (Ratification: 1961)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. For many years, the Committee has been referring to Legislative Decree No.65 of 1979, which establishes a system of prior authorization for holding public meetings and gatherings (which may be refused without giving reasons, under section 6 of the Decree) and, in the event of violations, provides for a penalty of imprisonment which involves compulsory prison labour. According to section 63 of the Penal Code, compulsory labour is imposed on persons convicted to at least six months of imprisonment. The Committee noted that the Government had prepared a Bill on Public Meetings and Assemblies, which, under sections 10 and 15 read together, provide for sanctions of imprisonment of up to three years for holding meetings or demonstrations that damage the reputation of the State or call for breach of the public order. In reply to the Committee’s request to review the provisions of that Bill, the Government indicates that it will not be adopted before being discussed and examined by members of the specialized committees at the Parliament, so as to bring it into conformity with the provisions of the Convention.

The Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic or social system by establishing that, in the context of these activities, they cannot be punished by sanctions involving an obligation to work. In this respect, the Committee wishes to emphasize the importance of the right to assembly as it is often through the exercise of this right that views opposing the established political order can be expressed. In ratifying this Convention, States have undertaken to guarantee persons who manifest their opposing views in a peaceful manner the protection afforded by the Convention.

Noting the absence of any further development in this respect, the Committee urges the Government to take the necessary measures to ensure that the national legislation regarding public meetings and assemblies is in conformity with the Convention and that no person holding or joining a peaceful public meeting or demonstration can be punished with sanctions involving compulsory labour. Pending the adoption of new legislation on public meetings and assemblies, the Committee requests the Government to provide information on the application in practice of Legislative Decree No. 65 of 1979 in relation to persons who hold or join public meetings or gatherings not authorized by the respective authority, including the legal proceedings initiated (indicating the facts and specific legal provisions that led to those proceedings), sentences handed down and penalties imposed.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been requesting the Government to review or amend sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 under which breaches of labour discipline, including unauthorized absence, repeated disobedience and failure to return to the vessel, may be punished by imprisonment involving compulsory labour. The Committee notes the Government’s indication that continuous consultations with the competent bodies have been undertaken on the application of the provisions of Decree No. 31 of 1980, to ensure that the penalty of imprisonment as a disciplinary measure is only applied with respect to extremely dangerous situations which threaten the ship and the lives and health of persons on board.

While noting the consultations undertaken to ensure that in practice no sanctions involving compulsory labour are imposed for breaches of labour discipline, the Committee requests the Government to take the necessary measures without delay to review Decree No. 31 of 1980 so that, both in law and practice, penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons on board.

The Committee is raising other issues in a request addressed directly to the Government.